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(영문) 서울중앙지방법원 2020.09.10 2019가단5157997
중개수수료 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 22, 2019, the Defendant concluded a purchase and sale contract with D (hereinafter “instant purchase and sale contract”) on the entire building of the Gangnam-gu Seoul Metropolitan Government Land and the 7th floor building owned by the Defendant, and completed the registration of ownership transfer on May 2, 2019.

B. The sales price of the instant sales contract is 14.7 billion won in total, and the Plaintiff and E Co., Ltd. (hereinafter “E”) were involved as a intermediary corporation.

[Reasons for Recognition: Facts without dispute, evidence Nos. 2 and 4 of reduction, purport of the whole pleadings]

2. Assertion and determination

A. The Plaintiff’s assertion (1) that the F, who has the Defendant’s position as the head of the management department of the Defendant, was delegated by the Defendant the authority to conclude an agreement on the instant sales contract and the brokerage commission, and entered into a verbal agreement with the Plaintiff on behalf of the Defendant on behalf of the Defendant.

Therefore, 0.5% of the brokerage commission under the agreement is claimed.

(2) An employee with a partial comprehensive power of representation under Article 15 of the Commercial Act refers to a trade employee with a power of representation to perform all acts other than trials on a specific type of business or specified matters, and F is a trade employee with such power of representation.

In other words, F is in the position of the commercial employer with a partial comprehensive power of attorney under Article 15 of the Commercial Act dealing with the sale and lease business as well as the lease and management of real estate, and the scope of authorization includes also the authority on the brokerage commission agreement, which is the matters incidental to the conclusion of the sales contract.

Therefore, as long as F, who has an agent authority in the position of a commercial employee with a partial comprehensive power of attorney under Article 15 of the Commercial Act, has agreed on a brokerage commission with the Plaintiff for the defendant, the defendant is obligated to pay the brokerage commission.

(3) Even if the Defendant is responsible for acting as an expression agent, the Defendant may enter into an agreement with the Plaintiff on behalf of the Defendant.

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